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Law and Order Code of the Fort McDowell Yavapai Community, Arizona

Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]

CHAPTER 11 - MINORS


Art. I. In General, §§ 11-1 - 11-10


Art. II Juvenile Code, §§ 11-11 - 11-50


Art. III. Truancy, §§ 11-51 - 11-60

Art. IV. Abuse, §§ 11-61 - 11-70


Art. V. Curfew, §§ 11-71 - 11-80

Art. VI. Rights of children victims or witnesses of crime §§ 11-81 - 11-84



ARTICLE I. IN GENERAL
Secs. 11-1 - 11-10. Reserved.


ARTICLE II. JUVENILE CODE


Sec. 11-11. DEFINITIONS.

Unless otherwise indicated, the following terms shall have the meanings herein ascribed to them, for the purposes of this article.

ADJUDICATION means a finding by the court on the facts alleged in the petition and incorporated in a decree.

ADULT
means a person who is an enrolled member of the Fort McDowell Yavapai Indian Community or any other person subject to the jurisdiction of Fort McDowell Yavapai Indian Community who is eighteen (18) years of age or older.

CHILD
means a person who is an enrolled member of the Fort McDowell Yavapai Indian Community or any other person subject to the jurisdiction of the Fort McDowell Yavapai Indian Community who is under eighteen (18) years of age.

CHILD PLACEMENT AGENCY means an agency receiving children for placement or adoption, which agency is licensed or approved when such license or approval is required by law.

COMMIT means to transfer to legal custody.

COURT means the juvenile court division of the Courts of the Fort McDowell Yavapai Indian Community.

DELINQUENT CHILD is a child who is adjudicated to have committed a delinquent act. Refer to subsection 11-15 (a).

DEPENDANT CHILD
is a child who is:
  1. Homeless or destitute or without proper support or care through no fault of his parent or guardian.

  2. Lacks proper care by reason of the mental of physical condition of his parent, guardian or custodian.

  3. Under the age of eight (8) years who is found to have committed an act that would result in adjudication as a delinquent or incorrigible child if committed by an older child.
DEPRIVATION OF CUSTODY means transfer to legal custody by the court from a parent or a previous legal custodian to another person, agency or institution.

DETENTION means the temporary care of children who require secure custody, in physically restricting facilities pending court disposition or transfer to another jurisdiction.

GUARDIAN means a guardian of the person and not a guardian of the property.

GUARDIANSHIP OF THE PERSON means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned about his general welfare. It includes, among other things the authority to consent to marriage, enlistment in the armed forces, and major medical, surgical or psychiatric treatment. "Guardianship of the person" also includes legal custody, if legal custody is not vested in another person, agency or institution.

INCORRIGIBLE CHILD is a child adjudicated as one who refuses to obey the reasonable and proper orders or directions of his parent guardian or custodian, and who is beyond the control of such person, or any child who is beyond the control of such person, or any child who is habitually truant from school, or who is a runaway from his home or parent, guardian or custodian, or who habitually so deports himself as to injure or endanger the morals or health of himself or others.

LEGAL CUSTODY means a relationship embodying the following rights and duties: The right to physical custody of a child; the right and duty to protect, train and discipline him; the duty to provide him with food, clothing, shelter, education and ordinary medical care; the right to determine where and with whom he shall live; and the right, in an emergency, to authorize surgery or other extraordinary care. Legal custody is subject to residual parental rights and responsibilities of the guardian of the person.

NEGLECTED CHILD is a child who is:
  1. Abandoned by his parents, guardian or custodian.

  2. Subjected to mistreatment or abuse by a parent, guardian or custodian;

  3. Lacks parental care by reason of the fault or habits of the parent, guardian or custodian;

  4. Refused proper or necessary subsistence, education, medical or surgical care or other care necessary to the child's health, morals or well-being by the parent, guardian or custodian;

  5. Refused the special care made necessary by the child's mental condition by the parent, guardian or custodian;

  6. Found in a disreputable place or who associates with vagrant, vicious or immoral persons;

  7. Engaged in an occupation or in a situation or environment dangerous to life or limb or injurious to the health, morals or welfare of himself or others;
PROBATION means a legal status created by court order following an adjudication involving violations of law by the child, whereby the child is permitted to remain in his home under prescribed conditions and under supervision by a probation officer designated by the court, subject to return to the court for further proceedings due to violation of any of the conditions prescribed.

PROTECTIVE SUPERVISION means a legal status created by court order in proceedings not involving violations of law by the child, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or dependency is provided by a probation officer or other agency designated by the court.

RESIDUAL PARENTAL RIGHTS AND DUTIES means those rights and duties remaining with the parent after legal custody or guardianship of the person, or both, have been vested in another person or agency, including but not limited to the responsibility for support, the right to consent to adoption, the right to determine the child's religious affliction, and the right to reasonable visitation unless restricted by the court. If no guardian has been appointed, "residual parental rights and duties" also include the right to consent to marriage, enlistment in the armed forces, and major medical, surgical or psychiatric treatment.

SHELTER means temporary care of children in physically unrestricted facilities pending court disposition or transfer to another jurisdiction.

TERMINATION OF PARENTAL RIGHTS means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.


Sec. 11-12. SUPPORT OF CHILDREN.
  1. Responsibility. When legal custody of a child is vested by the court in an individual or agency other than his parents, the court may in the same or any subsequent proceeding inquire into the ability of the parents to support the child and to pay for any medical, psychiatric or psychological examination or treatment provided under order of the court. The court may, after due notice and a hearing on the matter, require the parents to pay the whole or part of such support and expenses, depending on their financial resources and other demands on their funds. The amounts so required to be paid shall be paid at such intervals as the court may direct and, unless otherwise ordered, payment should be made to the clerk of the community juvenile court for transmission to the person or agency having legal custody of the child or to whom compensation is due. The clerk of the court shall have authority to receive periodic payments towards the care and maintenance of the child, such as social security payments made in the name of and for the benefit of the child.

  2. Summons or waiver thereof required. No court order issued under the preceding section against a parent shall be entered unless summons has been served within the territorial jurisdiction of the community or a voluntary appearance is made or a waiver of service given. The summons shall specify that a hearing with respect to the financial support of the child will be held.

  3. Enforcement by contempt proceedings; garnishment. An order entered under this section against the parent may be enforced by contempt proceedings, and shall also have the effect of a judgment at law. In addition to other remedies, the court may issue an order to any employer, trustee, financial agency, or other person within the territorial jurisdiction of the community, indebted to the parent, to withhold and pay over to the clerk of court, moneys due or to become due. No property of the parents, or either of them, shall be exempt from execution to enforce collection of the amounts ordered to be paid by the court under this section.

  4. Parents indigent. If the court finds that the parents are unable to pay for full or partial support, examination, treatment and other expenses of the child and that no other provision for the payment of such support and expenses has been made, or if the parents have failed to make such payments, or if summons could not be served on the reservation upon parents or other persons under subsection (b) hereof, the court shall request the community public welfare division or any other public agency with funds available for such purposes to pay for such support and other expenses; and if such department or agency consents, it shall be so ordered by the court.

  5. Legal custody given to agency; agency to report every six months. Payment for child support may be made to an agency in whom the court vests legal custody, provided that the agency shall make periodic reports to the court concerning the care and treatment the child is receiving and his response to such treatment. Such reports shall be made at such intervals as the court may direct, and shall be made with respect to each child at least every six (6) months. The agency shall also afford an opportunity for a representative of the court to visit the child as frequently as the court deems necessary.

Sec. 11-13. COMMUNTTY JUVENILE COURT ESTABLISHED.


There is hereby established a division of the Courts of the Fort McDowell Yavapai Indian Community called the Fort McDowell Juvenile Court.


Sec. l1-14. JUVENILE COURT JUDGES.


The chief judge of the Fort McDowell Yavapai Tribal Court shall assign one or more judges to sit on juvenile cases.


Sec. 11-15. JURISDICTION OF COURT.


The juvenile court shall have original jurisdiction of all persons within the territorial jurisdiction of the Fort McDowell Yavapai Indian Community as follows:
  1. Concerning any child who is alleged to have violated any federal, community, state or local law or municipal ordinance.

  2. A child who is neglected or dependent as defined in section 11-11; or beyond the control of his or her parent, custodian or school authorities as defined in section 11-11.

  3. To determine the custody of any child or appoint a guardian of any child who comes within the purview of the court's jurisdiction under other provisions of this section.

  4. To determine the legal parent-child relationship, including termination of residual parental rights and duties, as to a child who comes within the purview of the court's jurisdiction under other provisions of this section.
Every case submitted to a judge of the juvenile court shall be decided within sixty (60) days from the submission thereof; provided that if a rehearing shall have been ordered within said period of sixty (60) days, the period within which a decision must be made shall commence at the time the case is submitted on such rehearing.


Sec. 11-16. TRANSFER OF JURISDICTION.


Exercise of jurisdiction over a child on probation or under protective supervision who is otherwise under the continuing jurisdiction of the court may be transferred by the court, if the receiving court consents, to any court with jurisdiction.


Sec. 11-17. JURISDICTION OVER ADULTS.


The juvenile court shall have exclusive original jurisdiction to try all adults who are subject to the jurisdiction of the Courts of the Fort McDowell Yavapai Indian Community for offenses committed against children, as follows:
  1. Any adult who induces, aids or encourages a child to violate any federal, state or local law or municipal or community ordinance, or who aids or contributes to the dependency or neglect of any child;

  2. Any adult having a child in his legal or physical custody, or in his employment, who willfully ill-treats, neglects or abandons such child in any manner likely to cause the child unnecessary sufferings or serious injury to his health or morals;

  3. Any adult who forcibly takes away any child from or induces him to leave the legal or physical custody of any person, agency or institution in which the child has been legally placed for the purpose of care, support, education or adoption, and any person who detains or harbors such child after demand is made for the return of such child by an officer of the court or by the person, agency or institution concerned.

  4. Any adult who commits the crime of child-beating.

Sec. 11-18. DUTIES AND POWERS OF JUVENILE JUDGES.


In carrying out duties and powers specifically enumerated under the juvenile code, judges of the juvenile court shall have the same powers and duties as judges of the Fort McDowell Tribal Court.


Sec. 11-19. COOPERATION W1TH OTHER AGENCIES.


The juvenile court is authorized to cooperate fully with any community, state, federal, public or nonprofit agency to carry out the purposes of this Code, and is authorized to participate in any training programs or other programs which will improve the juvenile court system and carry out the purposes of this Code; subject to approval by the Fort McDowell Community Council of any expenditure of funds.


Sec. 11-20. UTILIZATION OF SOCIAL SERVICES.


The juvenile courts in the exercise of their duties and in the exercise of any duties to be performed by other officers under their supervision or control shall utilize such social services as may be furnished by the federal, community or state governments to the end that the court may be economically administered without necessary duplication or expense.


Sec. 11-21. PLACEMENT OF CHILDREN WITH AGENCIES, NEIGHBORING STATES, BY CONTRACT, SUBJECT TO COUNCIL APPROVAL.


The juvenile courts may contract, on behalf of the community, with agencies or departments of the community or federal government, or with agencies or departments of bordering states, for the care and placement of children whose status is adjudicated under this article subject, however, to the prior approval of the Fort McDowell Community Council.


Sec. 11-22. OFFICERS.
  1. Appointment. The juvenile court, with the approval of the community council, shall appoint probation officers, and other persons as may be required to carry out the work of the court.

  2. Duties. The probation officer shall make preliminary inquiries, social studies and such other investigations as the court may direct, and shall keep written records of such investigations or studies, and shall make reports to the court as provided in this article or as directed by the court. Upon the placing of any person on probation or under protective supervision, the probation officer shall explain to the child, the parents and other persons concerned the meaning and conditions of probation or protective supervision. The probation officer shall keep informed concerning the conduct and condition of each person on probation or under protective supervision and shall report thereon to the court. Probation officers shall use all suitable methods to bring about improvement in the conduct or condition of persons on probation or under protective supervision and shall perform such other duties in connection with the care, custody or transportation of children as the court may require. Probation officers shall have the powers of peace officers for purposes of this article but shall, whenever possible, refrain from exercising such powers except when in urgent situations in which a regular peace officer is not immediately available.

  3. Compensation. The compensation of all employees of the juvenile court shall be set by the chief judge of the community court subject to approval by community council.

  4. Qualifications. The judges of the juvenile court may appoint a probation officer or other qualified person as referee to serve during the pleasure of the court provided that no employee of the Bureau of Indian Affairs, United States Department of Interior, shall be eligible to serve as referee, and no probation officer who has had any previous connection with the child involved in any particular case, by investigation, protective supervision, probation or otherwise, shall act as referee in any hearing involving such child.

  5. Referee. A judge may refer any case to a referee, or he may direct that all cases of a certain nature or within a certain geographical area shall be heard in the first instance by a referee, in the same manner as cases are initiated and hearings are held by the court. At the conclusion of the hearing before him, the referee shall transmit to the judge all papers relating to the case, together with his findings and recommendations in writing.

  6. Rehearing of referee's decision. At the conclusion of the hearing, the referee shall advise the parties of his findings and recommendations and of their right to request a rehearing before the judge. A rehearing before the judge shall be held if a request is filed with the judge by any interested party within five (5) days after the conclusion of the hearing before the referee. If no rehearing before the judge is requested, the findings and recommendations of the referee, when confirmed by an order of the judge, shall become the decree of the court. The judge may, on his own motion at any time, order a rehearing before him of any case heard before a referee.

Sec. 11-23. OPERATION OF THE JUVENILE COURT - GENERALLY.
  1. Time of sessions. Court sessions shall be held within the Fort McDowell Yavapai Indian Community at such place and at such time as the court shall direct.

  2. Prosecution of adults. In prosecution of adults, as may be necessary in accordance with section 11-17, the practice and procedure of the juvenile court shall conform to the practice and procedure of the Fort McDowell Tribal Court.

  3. Punishment of adults. Any adult who commits any act as described in section 11-17, and if found guilty of a misdemeanor, shall be punished by imprisonment in a community jail for a period not to exceed six (6) months and/or by a fine not to exceed five hundred dollars ($500.00).

Sec. 11-24. SAME - PROCEEDINGS IN CHILDREN'S CASES.
  1. Petition required. Proceedings in children's cases are commenced by petition. Any person may and any peace officer shall give the court any information in his possession that a person is or appears to be a child within the jurisdiction of the court. Whenever such information is received, the court may require a preliminary inquiry to be made under the direction of the court to determine whether the person is a child within the meaning and purpose of this article and if so whether the interest of the public or the interest of the child require further action to be taken.

  2. Filing; informal adjustment. On the basis of the information received and the preliminary inquiry, if one is made, the court may direct that the petition be filed; or the court may make such informal adjustment of the case as is practicable, provided that the facts are admitted and establish prima facie jurisdiction, and provided that consent is obtained from the parents or other custodian of the child, and that consent is also obtained from the child if he is of sufficient age and understanding. Efforts to effect an informal adjustment may be continued no longer than three (3) months without review by a judge.

  3. Contents of petition. The petition shall set forth with particularity the facts which are alleged to bring the person within the jurisdiction of the court. The petition shall further state;

    1. the name, age and residence of the person;

    2. the names and residences of his parents;

    3. the names and residences of his guardian, if there is one;

    4. the name and address of the nearest known relative, if no parent or guardian is known;

    5. the name and residence of the person having physical custody of the child and;

    6. the identity of social agencies known to be giving care and services to the person and his family.

      If any of the facts herein required to be stated are not known by the petitioner, the petitioner shall also state.

  4. Preparation; validation. The petition may be prepared and filed by any probation officer or peace officer or other person acquainted with the facts. The petition shall be verified. Statements in the petition may be made-upon information and belief.

  5. Examination of physical and/or emotional condition. The court may order that a child concerning whom a petition has been filed shall be examined by a physician, surgeon, psychiatrist or psychologist and may place the child in a hospital or other facility for such examination. However, the child shall not be held in such hospital or facility longer than forty-eight (48) hours, excluding weekends and holidays, unless necessary for treatment of physical injuries, without a hearing before the court. After due notice and a hearing set for the specific purpose, the court may order a medical examination of a parent or guardian whose ability to care for a child is at issue, if the court finds from the evidence presented at hearing that the parent's or guardian's physical, mental or emotional condition may be a factor in causing the neglect, dependency or delinquency of the child.

  6. Dismissal. The court may dismiss a petition at any state of the proceedings.

  7. Motor vehicle violations. In the case of violations of motor vehicle laws or ordinances, a petition shall not be required, and the issuance of a citation or summons shall be sufficient to invoke the jurisdiction of the court.

  8. Subsequent immunity of child. When a petition has been filed under this article, a child shall not thereafter be subject to criminal prosecution based on the facts giving rise to the petition, except as otherwise provided in this article.

Sec. 11-25. SAME - SERVICE OF PROCESS AND SEARCH WARRANTS.


The service of process and search warrants shall be as follows:
  1. Issuance: exceptions. After a petition is filed and after such further investigation as the court may direct, the court shall promptly issue summons for hearing the case. No summons is required as to any person who appears voluntarily or who files a written waiver of service with the clerk of the court at or prior to the hearing.

  2. Contents of summons. The summons shall contain the name of the court, the title of the proceedings, and, except for a published summons, a brief statement of the substance of the allegations in the petition. A published summons shall simply state that a proceeding concerning the child is pending in the court and an adjudication will be made. The summons shall require the person or persons who have physical custody of the child to appear personally and bring the child before the court at a time and place stated. If the person or persons so summoned are not the parent, parents or guardian of the child, then a summons shall also be issued to the parent, parents or guardian as the case may be, notifying them of the pendency of the case and of the time and place set for the hearing.

  3. To whom issued. Summons may be issued to any person within the jurisdiction of the court requiring the appearance of any other person whose presence the court deems necessary.

  4. Detention or shelter of child. If it appears to the court that the welfare of the child or of the public required that the child be taken into custody, the court may, at any time after a petition is filed, make an order providing for detention or shelter.

  5. Emergency treatment of child. Upon the sworn testimony or signed statement of a physician, the court may order emergency medical or surgical treatment which is immediately necessary for a child concerning whom a petition has been filed pending the service of summons upon his parents, guardian or custodian.

  6. Compulsory process; to whom entitled. A parent or guardian shall be entitled to the issuance of compulsory process for the attendance of witnesses on his own behalf or on behalf of the child. A guardian ad litem or a probation officer shall be entitled to compulsory process for the attendance of witnesses on behalf of the child.

  7. Travel expenses. The court may authorize the payment of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing of a case under this article, not to exceed the amount allowed to witness for travel in the community court.

  8. By whom and how served. Service of summons or process shall be made by an officer of the community police but, upon request of the court, such services may be made by any other peace officer, or by another suitable person appointed by the court. Service of summons on community lands may be made by delivering a copy thereof to the person summoned; however, parents who are living together at their usual place of abode may be served by delivery of two (2) copies of the summons to either parent. If the judge is satisfied that personal service of the summons is impractical under the circumstances, he may order service by certified mail with a return receipt requested to be signed by the addressee only to be addressed to the last known address of the person to be served on community land. Service shall be complete upon return of the signed receipt to the court.

  9. Due notice when parent/guardian cannot be found on community lands. If the parent, parents or guardian required to be summoned cannot be found within community lands, the fact of their child's presence within community lands shall confer jurisdiction on the court in proceedings in children's cases under this article as to any absent parent or guardian, provided that due notice has been given in one of the following manners:

    1. if the address of the parent or guardian is known, by sending him a copy of the summons by certified mail with a return receipt requested to be signed by the addressee only, or by personal service outside the reservation. Service by mail shall be complete upon return to the court of the signed receipt.

    2. if the address or whereabouts of the parent or guardian outside community lands cannot, after diligent inquiry, be ascertained, by publishing a summons in a newspaper having general circulation on community lands. The summons shall be published once a week for three (3) successive weeks. Service shall be complete on the day of the last publication.

  10. Time limit. In the case of service on community lands, service completed not less than forty-eight (48) hours before the time set in the summons for the appearance of the person served shall be sufficient to confer jurisdiction. In the case of service outside community lands, service completed not less than five (5) days before the time set in the summons for appearance of the person served shall be sufficient to confer jurisdiction.

  11. Warrant for arrest. If the summons cannot be served, or if it appears to the court that the person served will not obey the summons, that serving the summons will be ineffectual, or that the welfare of the child requires that he be brought immediately into custody of the court, a warrant may be issued for the arrest of the parent, the guardian, the custodian or the child, and any such warrant may be served anywhere within the jurisdiction of the court.

  12. Warrant to search for child. If it appears to the court upon an affidavit sworn to by a peace officer or any other person, and upon the examination of other witnesses if required by the judge, that there is probable cause to believe that a child is being detained or ill-treated in any place within the jurisdiction of the court, the court may issue a warrant authorizing a duty author peace officer or probation officer to search for the child. Upon serving such warrant upon the person in possession of the premises specified in the warrant, the peace officer making the search may enter the house or premises, by force, if necessary in order to remove the child. The officer must thereupon take the child to the court or the place of detention or shelter designated by the court in accordance with section 11-26.

Sec. 11-26. ARREST AND DETENTION OF CHILDREN.
  1. By court order. A child may be taken into custody by any peace officer or probation officer pursuant to an order of the court.

  2. Without court order. A child may be taken into custody by a peace officer or probation officer without order of the court:

    1. when in the presence of the officer the child has violated a state, federal or community law or ordinance;

    2. when there are reasonable grounds to believe that he has committed an act which, if committed by an adult, would be a felony;

    3. when he is seriously endangered in his surroundings, and immediate removal appears to be necessary for his protection;

    4. when there are reasonable grounds to believe that he has committed an act, which, if committed by an adult, would be a breach of peace; or

    5. when be has reason to believe that the child requires immediate care or medical attention.

  3. Notification of parent/guardian. When an officer takes a child into custody, he shall immediately notify the parents, guardian, or custodian.

  4. Time limit upon detention. A child shall not be detained by the community police any longer than is reasonably necessary to obtain his name, age, residence and other information, and to contact and obtain the appearance of his parent, guardian or custodian. A peace officer, other than the probation officer, who arrests a child under the age of eighteen (18) years shall forthwith notify the probation officer, and shall make such disposition of the child as the probation directs. No child shall be held in the detention for more than twenty-four (24) hours excluding Saturdays, Sundays and holidays, unless a petition alleging delinquent conduct has been filed; and no child shall be held longer than twenty-four (24) hours excluding Saturdays, Sundays, and holidays, after the filing of said petition, unless so ordered by the court after a hearing.

  5. Filing of brief upon detention. The officer or other person who takes a child to a detention shall promptly file with the court a brief written report stating the occurrences or facts which bring the child within the jurisdiction of the juvenile court and giving the reason why the child was not released.

  6. Hearing date. After an investigation by a duty authorized officer of the court, the judge or other authorized officer with or without a hearing shall, upon written promise to bring the child to the court at a set time or, without restriction, order the release of the child to his parents, guardian or custodian if it is found that he can be safely left in their care. If it is found after a hearing for that purpose that it is not safe to release the child, the judge or authorized officer may order that the child be held in an appropriate facility, subject to further order of the court.

Sec. 11-27. INVESTIGATION AND HEARING.
  1. When investigation required. After adjudication that a child is delinquent, dependent, neglected and/or incorrigible, the court may require that a social investigation be made and that a report be submitted to the court in writing in all cases under section 11-15 in which a petition has been filed.

  2. Scope of investigation. The investigation shall cover: the child's home environment, history and associations, the present conditions of the child and family, and recommendations as to the child's future care. In cases involving the duty of support, the study shall include such matters as earnings, assets, financial obligations and employment.

  3. Proceedings to constitute civil proceeding. Proceedings in children's cases shall be regarded as civil proceedings, with the court exercising certain equitable powers. Nevertheless, the fact that the proceedings are of civil nature shall not be construed to deprive the child of his rights to counsel, to confront accusers and to cross-examine witnesses against him, nor to deny him his privilege against self-incrimination.

  4. Manner of hearing. Hearings in children's cases shall be before the court without a jury and may be conducted in an informal manner. The general public shall be excluded and only such persons as the judge finds have a direct and legitimate interest in the case or in the work of the court shall be admitted. At the discretion of the court, the child may be separately interviewed at any time if represented by his counselor. The hearing may he continued from time to time to a date specified in the order.

  5. Keeping of records. The record of the proceedings shall be kept in accordance with the practice in civil cases before the community court of the Fork McDowell Yavapai Indian Community, unless the court otherwise directs.

  6. Admissibility, destruction of record. Neither the record in the juvenile court nor any evidence given therein shall be admissible as evidence against the child in any proceedings in any other court. No child shall be charged with crime nor be convicted in any community court except as provided in this Code. Upon reaching the age of eighteen (18) the child's record shall be destroyed.

  7. Right to counsel. Any party, including the Community, shall have the right to be represented by a licensed attorney or advocate who is employed by the Fort McDowell Indian Community in any proceeding under this Chapter 11. Prior to any hearings, the court shall inform the parents, guardians or custodian, and the child when it is appropriate to do so, that they have a right to be represented by a counselor. The counselor shall be any person permitted to appear before the Fort McDowell Tribal Court and shall be subject to such rules as may be prescribed by the tribal judges or the tribal council in order to practice before the tribal courts.

  8. Structure of hearing. The hearing shall consist of three (3) portions:

    1. Arraignment, plea and detention hearing.

    2. Findings as to allegations in the petition. Findings of fact by the judge as to allegations in the petition shall be based on the standard requiring proof of each material allegation beyond a reasonable doubt and shall be made upon the evidence admissible under the rules applicable to the trial of a criminal case in the Fort McDowell Tribal Court.

    3. Disposition. In the disposition portion of the hearings, any relevant and material information shall be admissible.

  9. Right to Appeal. Parties adversely affected by a final disposition shall be informed of their right to appeal pursuant to section 11-38.

  10. Consideration of Hearings. When more than one child is involved in a home situation which may be found to constitute neglect or dependency, or when more than one child is alleged to be involved in the same violation, the proceedings may be consolidated, except that separate hearings may be held with respect to disposition.

  11. Amendment of Petition; Continuance. When it appears during the course of any proceedings in a child's case that evidence presented points to material facts not alleged in the petition, the court may proceed to consider the additional matters raised by the evidence. The court, on motion of any interested party or on its own motion, shall direct that the petition be amended to conform to the evidence. If the amendment results in a substantial departure from the facts originally alleged, the court shall grant such continuance as justice may require. The court may grant such continuances as it deems reasonable.

  12. Petition for New Hearing. A parent, guardian, custodian or next friend of any child whose status has been adjudicated under this Code, or any adult affected by a child's proceeding hereunder, may at any time petition the court for a new hearing on the ground that new evidence which was not known and could not with due diligence have been made available at the original hearing and which might affect the decree has been discovered. If it appears to the court that there is such new evidence which might affect its decree, it shall order a new hearing and enter such decree and make disposition of the case as is warranted by all the facts and circumstances and the best interest of the child.

Sec. 11-28. DISPOSITION OF CASES.


When a child is found to come within the provisions of section 11-15, the court shall so adjudicate, and make findings of the facts upon which it bases its jurisdiction over the child. After such adjudication, the court may make the following dispositions by court order.
  1. Require the child to submit to periodic counseling;

  2. Place the child on probation or under protective supervision (as these terms are defined herein) in his own home upon conditions determined by the court;

  3. Place the child in the legal custody of a relative or other suitable person, with or without probation or protective supervision;

  4. Commit the child to an authorized industrial school, except that a child found to come within the court's jurisdiction solely on the ground of neglect or dependency under section 11-15 may not be committed to an industrial school or any other similar institution.

  5. Place the child in an approved boarding school, on a ranch, a forestry camp, other camp, or a similar facility, for care and for work, if possible, provided that the person, agency or association operating the facility has been approved by the court and has otherwise complied with all applicable community, state and local laws. A child placed in a forestry camp or similar facility may be required to work on fire prevention, forestation, and reforestation, recreational works, forest roads and on other works on or off the grounds of such facility, and may be paid wages, all subject to the approval of, and under conditions set by, the court.

  6. If the court has assurance that the responsibility to make payments will rest squarely on the child, and not on his parents, guardian or custodian, it may order that the child be required to make restitution for damage or loss caused by wrongful acts.

  7. Arrange for employment or work programs, to enable children to fulfill their obligations under subsection (f) hereof, and for other purposes when deemed desirable by the court.

  8. In cases of violation of traffic laws or ordinances, the court may, in addition to any other disposition, restrain the child from driving for such periods of time as the court deems necessary, and may take possession of the child's driving license.

  9. Order that the child be examined or treated by a physician, surgeon, psychiatrist or psychologist, or that he receive other special care, and for such purpose may place the child in a hospital or other suitable facility.

  10. Appoint a guardian for the child when it appears necessary to do so in the interest of the child, and may appoint a public or private institution or agency in which legal custody of the child is vested as such guardian.

Sec. 11-29. PRIMARY CONSIDERATION TO BE WELFARE OF THE CHILD.


In placing a child under the guardianship or legal custody of an individual or of a private agency or institution, the court shall give primary consideration to the welfare of the child, but whenever practicable may take into consideration the religious preferences of the child and of his parents.


Sec. 11-30. ESTABLISHMENT OF CONDITIONS BY COURT.


In support of a decree under section 11-15, the court may make an order setting forth reasonable conditions to be complied with by the parents, the child, his custodian or any other person who has been made a party to the proceedings, including but not limited to restriction on visitations by the parents or one parent, restrictions on the child's associates, occupation and other activities, and requirements to be observed by the parents or custodian.


Sec. 11-31. HOSPITALIZATION OF CHILD.


With respect to a child within the jurisdiction of the court under section 11-15, the court may order hospitalization in an authorized hospital if the court finds, upon due notice to the parents or guardian and a special hearing conducted in accordance with the applicable laws and regulations, that the child is mentally ill, and because of his illness is likely to injure himself or others if allowed to remain at liberty, or is in need of custody, care or treatment in the mental hospital.


Sec. 11-32. COMMITMENT TO TRAINING SCHOOL.


The court may make an order committing a child within its jurisdiction to an appropriate facility if the child has been found mentally deficient in accordance with the provisions of applicable law and regulations.


Sec. 11-33. OTHER DISPOSITION OF CASES.


The court may make any reasonable orders which are for the best interest of the child or are required for the protection of the public, except that no child may be committed to prison or any child under twelve (12) years of age to jail upon adjudication under this article. The court may combine several modes of disposition where they are compatible.

(Sec 11-33 amended by Resolution No. Ft. McD. 98-02, effective January 5, 1998.)



Sec. 11-34. PERIODIC REVIEW OF CASES.


An order under this article for the placement of a child with an individual or any agency shall include a date certain for a review of the case by the court, with a new date to be set upon each review. The maximum period of time between judgment and the first review and between successive reviews shall be six (6) months.


Sec. 11-35. TERMINATION OF PARENTAL RIGHTS.


The court may terminate all parental rights, provided it complies with provision of section 11-37.


Sec. 11-36. JUDGMENTS AND ORDERS.
  1. Jurisdiction of a child obtained by the juvenile court in a proceeding under this article shall be retained by it for the purposes of implementing the orders made and filed in that proceeding until the child becomes eighteen (18) years of age, unless terminated by order of the court prior thereto.

  2. The court may modify or set aside any order or decree made by it, but no modification of an order placing a child on probation shall be made upon an alleged violation of the terms of probation, until there has been a hearing after due notice to all persons concerned.

  3. Notice and a hearing shall also be required in any case m which the effect of modifying or setting aside an order may be to deprive a parent of the legal custody of a child, to place the child in an institution or agency to another, except that transfer from one foster home to another may be effected without notice and hearing.

  4. Notice of an order terminating probation or protective supervision shall be given to the parents, guardian, custodian and, where appropriate, to the child.

  5. An adjudication by the juvenile court that a child is within its jurisdiction under section 11-15 shall not be deemed conviction of a crime.

Sec. 11-37. CUSTODY OF CHILDREN.
  1. Consideration of rights of parents. Before depriving any parent of the custody of his or her child, the court shall give due consideration to the preferred right of parents to the custody of their children and shall not transfer custody to another person, agency or institution unless the court finds from all the circumstances in the case that the welfare of the child or the public requires that the child be taken from his parents.

  2. Termination of parental rights.The court may decree a termination of parental rights as defined herein concerning a child within the purview of section 11-15 hereof, if the provisions of this chapter are complied with. The rights of one parent may be terminated without affecting the rights of the other parent.

  3. Grounds for termination. The rights of the parent or parents may be terminated if the court finds:

    1. That the parent is unfit and incompetent by reason of conduct or condition seriously detrimental to the child; or

    2. That the parent has abandoned the child. It shall be prima facie evidence of abandonment that the parent, although having legal custody of the child, has surrendered physical custody of the child, and for a period of one year following such surrender has not by some affirmative act manifested to the child or to the person having the physical custody of the child an intention to resume physical custody or to make arrangements for the care of the child; or

    3. That after a period of trial, during which the child was kept in his own home under protective supervision or probation, or during which the child was returned to live in his own house, the parent substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection.

  4. Hearing required. A termination of parental rights may be ordered only after a hearing is held specifically on the question of terminating the rights of the parent. No such hearing shall be held earlier than ten (10) days after service of summons is completed. The summons shall contain a statement that the rights of the parent may be terminated in the proceeding.

  5. Recital of facts. Every order terminating the right of a parent shall recite the facts upon which the court based its jurisdiction over the child and shall include the findings upon which the decree is based.

  6. Disposition of child. Upon the entry of an order terminating the rights of the parent, the court may.

    1. Place the child for adoption under applicable law and regulations; or

    2. Make any other disposition of the child authorized under section 11-28.

  7. Rights of parents severable. If the rights of only one parent have been terminated, the right of the other parent to consent to adoption is not affected by an order placing the child for adoption as provided in the preceding section.

  8. Voluntary surrender of parental rights. Nothing contained in this section shall preclude a parent from surrendering permanent legal custody voluntarily by instrument in writing, duly acknowledged, for purpose of adoption, and in accordance with applicable law and regulation.

  9. Petition for modification or revocation of decree. A parent, guardian or next friend of a child whose legal custody has been transferred by the court to an individual, agency or institution may petition the court far restoration of custody or other modification or revocation of the decree, on the ground that a change of circumstances has occurred which requires such modification or revocation in the best interest of the child. The court shall make preliminary investigation, and may dismiss the petition if it finds that the alleged change of circumstances, if proved, would not affect the decree. If the court finds that a further examination of the facts should be had, or if the court on its own motion determines that the decree should be reviewed, it shall conduct a hearing upon due notice to all persons concerned and may thereupon enter an order continuing, modifying, or terminating the decree.

  10. Exercise of custodial rights. An agency granting legal custody shall have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from tribal lands without court approval. An individual granted legal custody shall exercise the rights and responsibility involved in legal custody personally, unless otherwise authorized by the court.

Sec. 11-38. APPEALS.
  1. An appeal to Fort McDowell Tribal Court of Appeals may be taken from any order, decree or judgment of the community juvenile court. Such appeals are taken from judgments or decrees of the community court, provided that the appeal must be made within ten (10) days of the entry of the order, decree, or judgment appeal.

  2. Unless the court stays its order, the pendency of an appeal shall not stay the order or decree appealed from in a child's case. Where the order or decree appealed from directs a change of legal custody of a child, the appeal shall be heard and decided at the earliest practicable time. The name of the child shall not appear on the record of appeal.

Sec. 11-39. MISCELLANEOUS PROVISIONS.
  1. There shall be no fee for filing a petition under subsection 11-15 (a) and (b) of this Code, nor shall any fees be charged by any community officer for the service of process or for attendance in court in any such proceedings. Witness fees shall be payable in accordance with provisions for witnesses in other Community Courts.

  2. The Court shall keep such records as may be required by the judge and by this article. Records in children's cases shall not be deemed criminal records and shall not be open to public inspection; but the court may at its discretion authorize inspection by persons having a legitimate interest in the proceedings and by persons conducting pertinent research studies.

  3. This code shall be known and may be cited as the juvenile code.
(Sec. 11-40 - 11-50. Reserved.)



ARTICLE III. TRUANCY

Sec. 11-51. SCHOOL DEFINED.


A school is any public school, Bureau of Indian Affairs boarding school, private secular or parochial school whether boarding or day which has been duly licensed by the United States or any state, any school operated by or under the jurisdiction of the Fort McDowell Yavapai Indian Community.


Sec. 11-52. SCHOOL ATTENDANCE REQUIRED.
  1. Every child between the ages of six (6) and eighteen (18) years shall regularly attend school.

  2. Every parent or other person having custody or care of a child between the ages of six (6) and eighteen (18)years, shall be responsible for the regular school attendance of such child.

  3. The provisions of subsections (a) and (b) shall not be applicable if the juvenile court of the Fort McDowell Yavapai Indian Community has determined that the physical or mental condition of the child makes regular school attendance inexpedient or impracticable.

Sec. 11-53. ATTENDANCE OFFICERS; DUTIES.
  1. The Fort McDowell Yavapai Indian Community may appoint attendance officers.

  2. The attendance officers shall enforce the law of the Fort McDowell Yavapai Indian Community relating to school attendance of children between the ages of six (6) and eighteen (18) years.

  3. The attendance officer may:

    1. Make arrests for the violation of laws specified in subsection (b) hereof.

    2. Without warrant, bring before the authorities competent to hear and dispose of such cases, children who are absent from school without legal excuse.

Sec. 11-54. PENALTY; JURISDICTION OF JUVENILE COURT.

  1. Any parent or other person having the custody or care of a child required by law to attend school, who without good cause, refuses or neglects to send such child to school shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to imprisonment for a period not to exceed five (5) days or to a fine not to exceed one hundred fifty dollars ($150.00), or to both such imprisonment and fine, with costs.

  2. The juvenile court shall have jurisdiction pursuant to section 11-15 of this Code over all children who an attendance officer or other interested person charges with failure to regularly attend school
(Sec. 11-55 -11-60. Reserved.)



ARTICLE IV. ABUSE

Sec. 11-61. DEFINITION OF MINOR.

In this article, unless the context otherwise requires:

MINOR means a person under the age of eighteen (18) years.


Sec. 11-62. REPORTS OF NONACCIDENTAL INJURIES TO MINORS.


Any physician, hospital intern or resident, surgeon, dentist, osteopath, chiropractor, podiatrist, medical examiner, nurse, psychologist, school personnel, social worker, peace officer, community health worker, or any person having responsibility for the care of children whose observation or examination of any minor disclose evidence of injury, sexual molestation, death, abuse or physical neglect which appears to have been inflicted upon such minor by other than accidental means or which is not explained by the available medical history as being accidental in nature, shall immediately report or cause reports to be made of such information to the Fort McDowell Yavapai Indian Community Police Department or to the Fort McDowell Social Services Department. Such reports shall be made forthwith by telephone or in person forthwith, and shall be followed by a written report. Such reports shall contain:
  1. The names and addresses of the minor and his parents or person or persons having custody of such minor, if known.

  2. The minor's age and the nature and extent of his injuries or physical neglect, including any evidence of previous injuries or physical neglect.

  3. Any other information that such person believes might be helpful in establishing the cause of the injury or physical neglect.


Sec. 11-63. SOCIAL SERVICES OFFICE TO BE NOTIFIED.

When such telephone or in-person reports are received by the Fort McDowell Police Department, they shall immediately notify the Fort McDowell Social Services Office and make such information available to them.


Sec. 11-64. PHOTOGRAPHS; MEDICAL EXAMINATIONS.


Any person required to receive reports pursuant to section 11-62 may take or cause to be taken photographs of the child and the vicinity involved. Medical examinations including but not limited to radiological examinations of the involved child may be performed.


Sec. 11-65. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY FOR PERSON REPORTING.


Anyone participating in the making of reports required under the provisions of this article, or anyone participating in a judicial proceeding resulting from such reports shall be immune from any civil or criminal liability by reason of such action unless such person has been charged with or is suspected of abusing or neglecting the child or children in question. The physician-patient privilege, husband-wife privilege or any privilege except the attorney client privilege, provided for by professions such as the practice of social work or nursing covered by law or a code of ethics regarding practitioner-client confidences, both as they relate to the competency of the witness and to the exclusion of confidential communications, shall not pertain in any civil or criminal litigation in which a child's neglect, dependency, abuse or abandonment is an issue or in any judicial proceedings resulting from a report submitted pursuant to this article.


Sec. 11-66. VIOLATION.


A person who violates any provision of this article is guilty of a misdemeanor, and upon conviction may be punished by imprisonment for a period of up to six (6) months or a fine of up to five hundred dollars ($500.00), or both and costs.

(Secs. 11-67 - 11-70. Reserved.)




ARTICLE V. CURFEW


Sec. 11-71. CURFEW FOR JUVENILES UNDER FOURTEEN YEARS; EXCEPTIONS.

It shall be unlawful for any juvenile under the age of fourteen (14) years to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 p.m. and 5:00 a.m. of the following day. However, the provisions of this section do not apply to said juvenile when accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile; or when said juvenile is on an emergency errand; or when said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.


Sec. 11-72. CURFEW FOR JUVENILES OF THE AGE OF FOURTEEN YEARS AND UNDER EIGHTEEN YEARS; EXCEPTIONS.


It shall be unlawful for any juvenile of the age of fourteen (14) years and under the age of eighteen (18) years to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 midnight and 5:00 a.m. each day, Monday through Friday and between the hours of 1:00 a.m. and 5:00 a.m. each Saturday, Sunday and holiday. However, the provisions of this section do not apply to any emancipated minor or to a juvenile accompanied by his parent, guardian or other adult person having the care, custody or supervision of said juvenile; or when said juvenile is on an emergency errand; or when said juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other adult person having the care, custody or supervision of said juvenile.


Sec. 11-73. RESPONSIBILTIY OF PARENT OR GUARDIAN.


It shall be unlawful for the parent, guardian or other adult person having the care, custody or supervision of a juvenile to permit such juvenile to be, remain or loiter in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile in violation of sections 11-71 and 11-72. However, the provisions of this section do not apply when the juvenile is an emancipated minor; or when the juvenile is accompanied by his parent, guardian or other person having the care, custody or supervision of the juvenile; or when the juvenile is on an emergency errand; or when the juvenile is on reasonable, legitimate and specific business or activity directed or permitted by his parent, guardian or other person having the care, custody or supervision of such juvenile.


Sec. 11-74. CURFEW VIOLATIONS TO BE SEPARATE OFFENSES.


Each violation of the provisions of sections 11-71, 11-72 and 11-73 shall constitute a separate offense.


Sec. 11-75. PARENT'S NOT HAVING KNOWLEDGE NOT TO CONSTITUTE DEFENSE.

It shall not constitute a defense hereto that such parent, guardian or other adult person having the care, custody or supervision of such juvenile coming within the provisions of section 11-71 or section 11-72 did not have actual knowledge of the presence of such juvenile in, about or upon any place in the community away from the dwelling house or usual place of abode of said juvenile, if said parent, guardian or other person hauling the care, custody or supervision of such juvenile or juveniles, in the exercise of reasonable care and diligence, should have known of the aforementioned unlawful acts of such juvenile or juveniles.


Sec. 11-76. DELIVERY OF JUVENILE INTO CUSTODY OF PARENT OR GUARDIAN.


In addition to any other powers he may have, any law enforcement officer who arrests a juvenile for violating any of the provisions of sections 11-71 or 11-72 is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of such juvenile that such parent, guardian or other person come and take such juvenile into custody. Should there be a failure of the parent, guardian or other person to take custody of such juvenile, the officer may then be empowered to take such juvenile home. It shall be unlawful for any such parent, guardian or other person having the care, custody or supervision of said juvenile to fail or refuse to take such juvenile into custody after such demand is made upon him.


Sec. 11-77. PENALTIES.
  1. Any juvenile who shall violate the provisions of section 11-71 or 11-72 shall be guilty of a misdemeanor, and proceedings shall be taken in accordance with and pursuant to the juvenile code as contained in section 11-11 et seq. of the Fort McDowell Yavapai Indian Community Code of Ordinances.

  2. Any parent or guardian of the person of a juvenile who shall violate the provisions of sections 11-73 or 11-76 shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment not to exceed six (6) months or to a fine not to exceed five hundred dollars ($500.00), or to both such fine and imprisonment.
(Secs. 11-78 - 11-80. Reserved.)



ARTICLE VI. RIGHTS OF CHILDREN VICTIMS OR WITNESSES OF CRIME.

Sec. 11-81. INTENT.


The Fort McDowell Yavapai Indian Community recognizes that it is important that child victims and child witnesses of crime cooperate with law enforcement and prosecutorial agencies and that their assistance contributes to community enforcement efforts and the general effectiveness of the criminal justice system of this community. Therefore, it is the intent of the community council by means of this article to ensure that all child victims and witnesses of crime are treated with sensitivity, courtesy and special care in order that their rights may be protected by law enforcement agencies, social agencies, protection afforded the adult victim, witness or criminal defendant.


Sec. 11-82. DEFINITIONS.


Unless the context clearly requires otherwise, the definitions in this section apply throughout this article.
  1. Crime means an act punishable under the laws of this community or equivalent federal or state law.

  2. Child means any person under the age of eighteen (18) years.

  3. Victim means any person against whom a crime has been committed.

  4. Witness means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or a person who is subject to call or likely to be called as a witness for the prosecution by reason of having relevant information, whether or not an action or proceeding has been commenced.

  5. Family member means child, parent, legal guardian, or extended family member.

  6. Advocate means any person, including a family member not accused of a crime, who provides support to a child victim or child witness during any legal proceeding.

Sec. 11-83. RIGHTS OF CHILD VICTIMS AND WITNESSES.

There shall be every reasonable effort made by law enforcement agencies, prosecutors and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of these rights shall be construed to create substantive rights and duties; and the application of an enumerated right in an individual case is not subject to the discretion of the law enforcement agency, prosecutor or judge. Child victims and witnesses have the following rights:
  1. To have explained in language easily understood by the child all legal proceedings and/or police investigations in which the child may be involved.

  2. To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.

  3. To prevent the disclosure of the names, addresses or photographs of the living child victim or witness by any law enforcement agency, prosecutors office or state agency without the written permission of the child victim, child witness, parents or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel or tribal or private agency that provides services to the child victim or witness.

  4. To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child.

  5. To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings.

  6. To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation and judicial proceedings in which the child is involved.

  7. To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.

  8. To provide information to the court as to the need for the presence of other supportive persons at the court proceeding while the child testifies in order to promote the cad's feelings of security and safety.

  9. To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of child victims.

  10. To be provided with coordinated tribal services so as to decrease any duplication of services and to minimize the number of interviews with the child victim or witness.

  11. To be provided with the use of closed circuit television or other such similar recording device for the purposes of interviewing or court testimony when appropriate, and to have and advocate remain with the child prior to and during any recording sessions. The use of closed circuit television or other such similar recording device is appropriate when the trial court, after hearing evidence, determines this procedure is necessary to protect the particular child witness' welfare; and specifically fords the child would be traumatized, not by the courtroom generally, but by the defendant's presence and finds that the emotional distress suffered by the child in the defendant's presence is more than de minimus.

Sec. 11-84. CIVIL LIABILITY.


The failure to provide notice to a child victim or witness under this article of the rights enumerated in section 11-83 of this article shall not result in civil liability so long as the failure to notify was in good faith and without gross negligence. The failure to make a reasonable effort to assure that child victims and witnesses are afforded the rights enumerated in section 11-83 of this article shall not result in civil liability so long as the failure to make a reasonable effort was in good faith and without gross negligence.






Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630

Resolution No. Ft. McD 98-106

WHEREAS, the Fort McDowell Mohave-Apache Community Council (Council) has the power to "employ legal counsel ... " Article IV, Section (c), Constitution of the Fort McDowell Mohave-Apache Community.

WHEREAS, the Council has the power to "regulate the domestic relations of members of the Community." Article IV, Section 1(h), Constitution of the Fort McDowell Mohave-Apache Community.

WHEREAS, the Council has the power to "pass ordinances or resolutions incidental to the exercise of any of the foregoing powers." Article IV, Section 1(i), Constitution of the Fort McDowell Mohave-Apache Community.

WHEREAS, the Council has the power to "lay down criminal and civil codes of ordinances governing the conduct of members of the Community and nonmember Indians of the Community." Article IV, Section 2(h), Constitution of the Fort McDowell Mohave-Apache Community.

WHEREAS, the Council has the power to "establish a Community Court." Article IV, Section 2(i), Constitution of the Fort McDowell Mohave-Apache Community.

WHEREAS, the Council wishes to amend Chapter 1, Section 1-25.B, and Chapter 11, Section 11-27(g), of the Community's Law and Order Code.

NOW THEREFORE BE IT RESOLVED that the Council hereby adopts the amendments to Chapter 1, Section 1-25.B, and Chapter 11, Section 11-27(g), of the Community's Law and Order Code which is attached hereto as Appendix A.

CERTIFICATION

Pursuant to the authority contained in Article IV, Section 1(c), (h), (i) and Section 2(h), (i), Constitution of the Fort McDowell Mohave-Apache Community, ratified by the Tribe on October 3, 1936, and approved by the Secretary of the Interior on November 24, 1936, the foregoing Resolution No. Ft. McD 99-106 was adopted on this 9th of September, 1999, at a Community Council meeting held on the Fort McDowell Mohave-Apache Community, at which a quorum of 5 members were present and 0 were absent by a vote of 4 for and 0 opposed and 0 abstained.

Bernadine Boyd, President
Mohave-Apache Community Council

Rozelda Duenas, Secretary

9-9-99
Date

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